TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984)
s.61J - application for the approval of an enterprise agreement

The Management Committee, The Channel Enterprise (Inc.)

and

Trina Blazely, the Part-Time Access Centre Coordinator
[TE1261 of 2002]

WOODBRIDGE ONLINE ACCESS CENTRE ENTERPRISE AGREEMENT

Enterprise Agreement - agreement approved - operative date 18 October 2002 until 30 June 2003

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Woodbridge Online Access Centre Enterprise Agreement. The parties lodged the agreement on 2 October 2002 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is The Management Committee, The Channel Enterprise (Inc.). The employee party is Trina Blazely, the Part-Time Access Centre Coordinator. The enterprise is the employer's Online Access Centre at West Winds Community Centre, 3528 Channel Highway, Woodbridge, Tasmania.

[3] The agreement will commence operation from 18 October 2002 and remain in force until 30 June 2003.

[4] At the hearing I satisfied myself that:-

(a) the agreement is one made between an employer and an individual person employed in an enterprise pursuant to the provisions of s.61D(1)(d) of the Act;

(b) the agreement contains the matters referred to in s.61E of the Act;

(c) the conditions of employment fixed by the agreement, where relevant, are not less than the minimum conditions of employment set out in s.61F of the Act;

(d) pursuant to the provisions of s.61I(2) of the Act, the parties to the agreement satisfied me that they are aware of (i) their entitlements and obligations under the agreement and under Part IVA of the Act and (ii) the changes to existing conditions of employment which will result from the agreement taking effect.

(e) in terms of s.61J(1)(ca) of the Act, there is no reason to believe that the bargaining process adopted by the parties to the agreement was not appropriate and fair;

(f) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; and

(g) in terms of s.61J(1)(f) of the Act, there is no reason to believe that the agreement is not fair in all the circumstances.

[5] In the circumstances I approve the agreement pursuant to s.61J(1) of the Act. I notify the parties and the Minister of that approval and, in doing so, inform the parties of their right to withdraw from the agreement under s.61K of the Act, which provides that:-

"(1) A party to an enterprise agreement, within 14 days after receipt of a notice under section 61J, may give written notice to the other parties of the intention to withdraw from the agreement.

(2) A copy of the withdrawal notice is to be lodged with the Registrar within the period referred to in subsection (1)."

 

Tim Abey
COMMISSIONER

Appearances:
Ms B Bartlett, as agent, for The Management Committee, The Channel Enterprise (Inc.).
Mr P Baker, of the Australian Manufacturing Workers' Union, as agent for Ms T Blazely.

Date and Place of Hearing:
2002
October 18
Hobart